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View Diary: SCOTUS: Actually, We've Already Won (350 comments)

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  •  Actually, just to be clear (none)
    If I had the choice of another Scalia or another Renquist, I'd rather Scalia--who, every now and then, is prone to rare bouts of loyalty to the Bill of Rights.

    _Hamdi_ is the latest example of that.

    I believe that Roberts is going to be significantly out of the mainstream, more charming than Justice Scalia, and on the court for another thirty years.  I think we can insist on a more moderate judge.  I'd even take one that was going to overturn Roe if they were solidly centrist on other, more important issues.

    I know it's hard to think of more important issues, but there are some.  The First Amendment is one, separation of church and state is another, the lack of imperial powers for the President is a third.

    I am, however, resigned to the fact that there will never be another Justice Marshall or Justice Brennan for the rest of my lifetime.

    •  Well... (none)
      It's hard for us to argue that Roberts is "significantly out of the mainstream" if he's pretty much like Rehnquist. We have to explain to a public saddled with attention deficit how it is that Rehnquist is out of the mainstream when he's been on the court for over 30 years without the country disintegrating.

      If there is no Brennan or Marshall for the rest of our lifetimes, it is because we are not successful in putting presidents and senate majorities in place to make that happen.

      This is how liberty dies... with thunderous applause.

      by socal on Wed Jul 20, 2005 at 08:36:04 PM PDT

      [ Parent ]

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